« EelmineJätka »
Executors Company's Amendment Act.—1900.
have been given to and registered by the Registrar-General or his deputy, every act of the Company within the scope of the authority conferred shall, in favor of any person who shall deal with the Company bonâ fide, and without notice of the death of the principal or of his revocation of the authority, be valid and effectual notwithstanding the revocation by or death of the principal.
7. It shall be lawsul for the executor or administrator acting Executors and
i administrators under probate or letters of administration, with or without a will m
may appoint Company annexed, whether granted before or after the passing of this Act, to discharge duties
for them. with the approval of the Supreme Court or a Judge thereof, to appoint the Company to perform and discharge all acts and duties, and exercise all discretions, discretionary and other powers of such executor or administrator, as the case may be, and the Company shall have power to perform and discharge all such acts and duties, and exercise all such discretions, discretionary and other powers accordingly, and upon such approval being given, such executor or administrator shall convey and assign to the Company the trust property vested in him. Aud in every such case all the capital, both paid and unpaid, and all other assets of the Company shall be liable for the proper discharge of such duties and the exercise of all such discretions, discretionary and other powers, and the executor or administrator so appointing the Company shall be released from liability in respect of all acts done or omitted to be done by the Company acting under such appointment.
approval of Court.
8. Every application for the approval of the Supreme Court Procedure to obtain or a Judge thereof shall be by motion, petition, or originating summons. Notice of the intended application shall be advertised once in one daily newspaper published in Adelaide seven days before the making thereof, and once in some local newspaper (if any) circulating in the district in which the testator or intestate resided, in the said province, at the time of his death. The Supreme Court, or a Judge thereof, may give such approval, either ex parte or after such further notice has been given, to such one or more of the persons interested in the estate and in such manner as such Court or a Judge may think proper and direct or require. And any approval given by such Court or a Judge in the absence of any interested party, whether notice shall have been directed or required to have been given to him or not, shall bind such party in the same manner as if he had been present or represented on the application, and the costs of such application shall be in the discretion of the Court or Judge, and may be ordered to be paid out of the estate, provided that such approval shall not be given in the case of a will in which the testator has expressly provided that the execution thereof should not be delegated or that the Company should not act therein.
9. The Company may in any case act alone or jointly with any Company may act person in any fiduciary capacity, and in particular as trustee, executor, administrator, committee, receiver, liquidator, attorney, or agent, and may hold real and personal property as joint tenant
Executors Company's Amendment Act.—1900.
or joint owner with any person ; and the Company shall have the same benefit and right of survivorship upon the death of any joint tenant or joint owner as if it were a natural person, and upon its dissolution every joini tenant or joint owner shall have the same benefit and right of survivorship as if the Company were a natural person and had died at the time of such dissolution; and when any property shall be vested in the Company and any other person to the intent that the Company and such other person shall act jointly in any fiduciary capacity, the Company and such other person shall be deemed to be joint tenants or joint owners thereof, and not tenants or owners in common, unless otherwise expressly provided for.
Company may be appointed to act solely in the place of retiring trustees.
10. The Company, with the approval of the persons (if any) for the time being within the province, and of the age of twenty-one years, and having an absolutely vested estate or interest in any property under the instrument creating the office, may be appointed to act solely in any caso, although the instrument creating the office may provide or have provided for the appointment of more than one person in the office, and it shall not be necessary to fill up the original or contemplated number of trustees, executors, administrators, committees, receivers, liquidators, attorneys, or agents, unless the terms of the original appointment shall expressly provide that a fixed number of persons shall always be maintained in the office, and upon the Company being so appointed to act solely, the person retiring shall from the time of such appointment be released from all responsibility for the performance of the office.
11. Notwithstanding any alteration which may be made in the articles of association of the Company, its members shall not be entitled to claim or receive, nor shall its directors or the Company declare or pay, dividends or bonuses amounting in the aggregate in any one year to more than ten per centum upon the paid up capital of the Company, unless at the time of the declaration and payment of such dividends and bonuses and each of them the Com; any shall have an existing reserve fund of not less than Fifty Thousand Pounds sterling. A certificate under the hands of at least two directors and the manager, or acting manager for the time being, of the Company at the date of the declaration and payment of any such dividend or bonus that the Company had an existing reserve fund of not less than Fifty Thousand Pounds sterling shall be conclusive evidence of that fact.
Act not to derogate from jurisdiction of Court over infants and their estates.
12. Nothing in this Act shall be deemed or taken or construed to derogate from or lessen in any manner whatsoever the powers or jurisdiction of the Supreme Court in relation to the care, control, and supervision of the persons or estates of infants.
In the name and on behalf of Her Majesty, I hereby assent to this Bill.
Adelaide : By authority, C. E. Bristow, Government Printer, North Terrace.
An Act to authorise “The Broken Hill Proprietary Com
pany, Limited,” to construct, maintain, and work
[Assented to, December 5th, 1900.] THEREAS The Broken Hill Proprietary Company, Limited, a Preamble.
Company duly incorporated in the colony of Victoria, carries on at Port Pirie, in the Province of South Australia, a large and extensive business of smelting, reducing, and refining mineral ores:
The Broken Hill Proprietary Company, Limited's, Hummock Hill
to Iron Knob Trainways and Jetties Act.—1900.
And whereas the said Company requires for and in such business large quantities of ironstone for flux: And whereas the said Company has recently acquired from the Crown nine mineral leases, numbered 1659 to 1667, both inclusive, issued under “ The Mining Act, 1893,” of nine mineral sections of land, numbered 561, 565, 566, 567, 68, 569, 570, 571, and 572, respectively, situate at Iron Knob, south of Corunna Hill, in the county of Manchester, in the said province, for a term of forty-two years from the thirtieth day of June, one thousand eight hundred and ninety-nine, for the purpose of seeking for, finding, winning, and obtaining metals and minerals, not being gold, coal, or mineral oil therein, subject to the provisions of the said Mining Act, 1893, and the regulations made in pursuance thereof: And whereas the lands comprised in the said mineral leases contain great quantities of ironstone suitable for flux: And whereas, by reason of distance and want of means and appliances of transit and by reason of the difficulties of transit and conveyance, it is at present impracticable to raise and win the said ironstone and to convey the same from the said lands to Port Pirie: And whereas it is desirable that the said Company shall be at liberty to provide and use convenient, suitable, and advantageous means and appliances for conveyance of such ironstone from the said lands to Port Pirie, and as and for such means and appliances tramways for traction by steam or other mechanical means and jetties may conveniently be constructed, maintained, and worked: And whereas the said Company is willing at its own expense to construct, maintain, and work such tramways in accordance with certain plans deposited at the office of the Surveyor-General, Adelaide, on the twenty-first day of August, one thousand nine hundred, and also such jetties, but the authority of Parliament is requisite to enable the said Company so to do: And whereas great local and public advantage would arise from the construction, maintenance, and working of such tramways and jetties: And whereas it is desirable to confer upon the said Company all rights, powers, privileges, and immunities necessary or convenient for the construction, maintenance, and working of such tramways and jetties, and for that purpose to entitle the said Company to a lease in perpetuity from the Crown of, tirstly, all that the said strip or parcel of Crown lands from Hummock Hill aforesaid to Iron Knob aforesaid, containing five hundred and forty-tive and one-quarter acres or thereabouts, which said strip or parcel of Crown lands is more particularly delineated and shown in the said deposited plans; and of, secondly, all that piece of Crown lands containing five acres or thereabouts, and extending from the said strip or parcel of Crown lands firstly described to the high-water mark, and which is more particularly delineated and shown in the said deposited plans, and to acquire from the Crown a licence to maintain and use such jetties— Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Parliament of the said province, as follows:
1. This Act may be cited for all purposes as “ The Broken Hill Proprietary Company, Limited's, Hummock Hill to Iron Knob Tramways and Jetties Act, 1900.”
2. The The Broken Hill Proprietary Company, Limited's, Hummock Hill
to Iron Knob Tramways and Jetties Act.—1900.
66 The General 'l'ram
2. The clauses and provisions of “ The General Tramways Act, Incorporation of 1881” (save so far as they are hereinafter varied or excepted, or are ways Act, 1884." incousistent with the provisions of this Act), shall be incorporated with this Act, and apply, so far as they may be applicable, to the tramways, works, and undertakings hereby authorised.
3. The clauses and provisions of the Railways Clauses Consolida- Railway Clauses
Consolidation Act tion Act, and all Acts amending the same, shall not apply to the and amending Acts tramways, works, and undertakings hereby authorised.
not to apply.
4. In the construction of this Act, unless there shall be something Interpretation. in the subject matter or context repugnant to such meaningsThe expression “ the Company” shall mean “ The Broken Hill
Proprietary Company, Limited,” and its successors:
Act authorised, or any part thereof:
tramways and of the Crown lands of which the Company are
5. Subject to the provisions of this Act, the company may make, Power to make form, lay down, construct, maintain, and work on the lines and levels tramy shown in the deposited plans, and within the limits of the deviations of such lines, as shown in the deposited plans, the tramways hereinafter described in the next succeeding section of this Act, or such portion thereof as the Company may think expedient, with all proper rails, plates, works, sidings, junctions, stations, locomotive sheds, houses, buildings, approaches, and conveniences connected therewith.
6. The tramways hereinafter referred to and authorised by this Description of
tramways. Act are as follows:
A single line of tramway 33 miles ; furlongs and 4:11 chains in length, with the sidings shown in the deposited plans.
The centre line of the said tramway commences at a point marked A on the deposited plans, situate near high-water mark on the north side of Hummock lIill aforesaid, in miscellaneous lease No. 6529, in the hundred of Randell, county of York, at the southwestern end of False Bay, Spencer's Gulf aforesaid, distant 1 furlong 6:31 chains, on a magnetic bearing of 10° 51', from a trigonometrical station on Hummock Hill aforesaid ; and runs thence in a westnorth-westerly direction, on a magnetic bearing of 295°, for a distance of 4 furlongs 3:37 chains; and thence on a curve to the right of one mile radius for a distance of 4.19 chains; thence on a magnetic bearing of 298° for a distance of 5 furlongs 9.07 chains ; thence on a curve to the left of one mile radius for a distance of i furlong 0:47 chains; thence on a magnetic bearing of 290° 30'